Carmack Amendment (US domestic)

Carmack Amendment, 49 U.S.C. § 14706 (motor) and § 11706 (rail)

RoadIn force49 U.S.C. § 14706(c)

When it applies

Interstate carriage within the United States by motor carrier or rail. It is the domestic leg regime that sits behind an international movement once the goods are on a US truck under a domestic bill of lading.

Limit

49 U.S.C. § 14706(c)

Full actual loss — there is no treaty cap. But the carrier may lawfully limit liability by a released-rates tariff agreed with the shipper, and in practice almost every motor carrier does, commonly to a low figure per pound.

Notice of loss

49 C.F.R. § 370

Set by the bill of lading and the carrier's tariff; a minimum claim-filing period of nine months is the regulatory floor for motor carriers.

Time bar

49 U.S.C. § 14706(e)

A minimum of two years from the carrier's written declination, again as a floor.

When the limit is lost

The released-rate limitation fails where the carrier did not give the shipper a fair opportunity to choose between levels of liability.

What the cap pays on a sample consignment

Applying the published limit to a sample consignment of 1,000 kg gross, 10 packages, invoice value US$120,000. The consignment is an illustration chosen so the arithmetic is checkable — it is not an average, a typical shipment or a measurement.

Invoice value
US$120,000
1000 kg, 10 packages
Carrier's maximum
No treaty cap
Set by tariff or national law
Cargo cover
The agreed insured value
Subject to the deductible and the policy terms

No conversion between SDR and any currency is shown. The International Monetary Fund revalues the SDR every business day, so a converted figure printed on a page is wrong by the time it is read.

What this means for cover

"Full actual loss" reads like complete protection and almost never is, because the released rate in the tariff is what governs. Read the tariff, not the statute.

Other road regimes

Sources

This page summarises the instruments above. It is not the wording, and it is not legal advice. Where a summary conflicts with a convention text, a policy wording or a certificate, that document governs.

InsuranceScanner is an insurance intermediary, not an insurer — see the Terms for our role. Nothing here is a personal recommendation that a particular cover, sum insured or deductible is suitable for you. Where anything on this page conflicts with the certificate, policy schedule or wording issued by an insurer, that document governs.